Khairlanji: Court Proceedings 21st Feb 2008

24Mar08

 The court assembles at 11:15 A.M.The next witness, witnes no. 32 is called in  the witness-box.
Judge: What is you name?
Wit: My name is  Pradip  Bapurao Mane
Judge: Age?
Wit :  48 years.
Judge: What is your occupation?
Wit: I am Inspector in CBI.
Judge: Where di you reside?
Wit: I am resident of  Agra (U.P.)
(Now, the C.B.I. lawyer Adv. Ezaj Khan rises is to examine the witness.)
Adv.Khan: When you were posted as Inspector in C.B.I.?
Wit : In December 2006,I was posted as Inspector (ACB) of CBI Bombay.
Adv.Khan: When did you join  CBI Camp Bhandara ?
Wit: I joined the C.B.I.Bhandara camp  on2/12/06  before Shri. N.K.Sharma,Dy. S.P.,as per the orders of my higher officer.
Adv.Khan: On whose oreders you recorded the statements of the witnessess?
Wit: As per the direction of Shri. N.K. Sharma I  recorded statement of Dinesh Krushnarao Dhande.
Adv.Khan: When  & where you recorded that statement?
Wit; I recorded that statement on 9.12.2006 at Mohadi Rest House.
Adv.Khan: Then?
Wit; Thereafter,submitted that statement to Shri.N.K. Sharma.
Adv.Khan: When did you leave C.B.I.camp?
Wit: I left that CBI Camp on 22.12.2006.
(Adv.Khan finishes his examination.Now,  Sudip Jaiswal Adv. for  accused nos.1,2,8 and 9 rises to cross-examine the witness.)
.Adv.Jaiswal:Were you  aware  of as to how many accused were there in this crime at the time you did investigation?
Wit: I was not aware of that when I did the investigation.
.Adv.Jaiswal: Is it true to say that Krishna Dhande who is the father of Dinesh Dhande,was accused in this crime?
Wit: Yes, true.
.Adv.Jaiswal: CBI applied to Judicial Magistrate Mohadi for Narco test and Polygraphy test. Right?
Wit; I don’t know.
.Adv.Jaiswal: CBI possessed statements of many witnesses recorded by police,when you recorded statement of Dinesh Dhande.Right?
Wit: I don’t know.
.Adv.Jaiswal:Did you ask Dinesh Dhande whether local police or CID called him for any investigation and recorded his statement?
Wit: No, I didn’t.
.Adv.Jaiswal:Did you record any statement of his to that effect?
Wit: No.
.Adv.Jaiswal: Did you  record portion marked “A”as per the say of Dinesh Dhande,which shows that he was taken on same day by police at jail for identification parade?
Wit: Yes.
.Adv.Jaiswal: Which of your statement is true that you did not ask Dinesh about prior investigation by police from him and that Dinesh gave statement Portion marked A.?
Wit: Both are correct.
.Adv.Jaiswal:After recording the statement, to whom you submitted to?
Wit:After recording  the statement,I placed that statement before my superior.
.Adv.Jaiswal:Who was with you at the time?
Wit: One another police officer was with me and he put signature on it by mentioning date,on the day when I placed it before him.
.Adv.Jaiswal:Do you  know that if any number is over written,then you should put initial signature near it?
Wit: Yes, I know that.
.Adv.Jaiswal:Do you also know that before writing statement,one generally  writes date and place at the top of it?
Wit: I generally do not write in such a way.
.Adv.Jaiswal:You have not mentioned in that statement as to where it was recorded..Right?
Wit: Yes.
.Adv.Jaiswal:Is it true to say that at portion marked “B” of statement of Dinesh Dhande  recorded by you, there is overwriting on the place of date 09?
Wit: Yes.Earlier date I put was ’10’ which I changed it to ’09’ as earlier I put that date wrongly.
Adv.Jaiswal: My assertion is  that earlier you put the date as’5’or’14’ , then you changed to 09.Right?
Wit; No, it is not true.
Adv.Jaiswal:You all CBI officers  follow  the same procedure in recording the statement and seizure of properties.Right?
Wit: Yes,we do.
Adv.Jaiswal:As per your procedure,the person who record statement put signature below it by writing ‘before me’.Right?
Wit: Yes.
Adv.Jaiswal:Why you did not obtain the signature of N.K.Sharma  on the recorded statement of Dinesh Dhnde?
Wit: Myself and my colleague took part in recording statement of Dinesh Dhande and that was not recorded before Shri.N.K. Sharma and therefore I did not obtain signature of Shri Sharma on it.
Adv.Jaiswal:When did you submit it to  N.K. Sharma?
Wit:On the same day.
Adv.Jaiswal:Did you make any enquiry from local police and  CID as to what they recorded from Dinesh Dhande?
Wit: No, I didn’t.
Adv.Jaiswal: You did not make such enquiry because Dinesh Dhande did not tell them such thing which he told  you.Right?
Wit: No, it is not true.
Adv.Jaiswal:You gave inducement to Dinesh Dhande that if he gives statement as per say of CBI then CBI would free his father.Right?
Wit; No, it is not true.
Adv.Jaiswal:By giving such inducement you recorded  his statement as per your wishes.Right?
Wit: No, it is false.
 Adv.Jaiswal:You  deposed falsely to to implicate the accused.Right?
Wit: No, it is false.
(Adv.Jaiswal finishes his cross-examination . As the other defence lawyers decline to cross-examine the witness, the next witness no.33, is called in the witness-box)
Judge: What is your name?
Wit:My name is Maroti  Shankar Patil.
Judge: Age?
Wit:  47 years.
Judge: What is your occupation?
Wit: I am Inspector in CBI.
Judge: Where do you reside?]
Wit: I am resident of   Mumbai.
Now, Ezaj Khan, Spl. P.P. rises to examine the witness)
Adv.Khan: When did you join C.B.I. camp of Bhandara?
Wit: As per order of Superior Officer I joined CBI Camp at Bhandara on 2.12.2006 and reported to Dy S.P. (CBI) Shri. N.K. Sharma.
Adv.Khan: Whose statements you recorded in this case?
Wit: As per the instruction of Shri N.K. Sharma I recorded the statement of Bhaiyalal Bhotmange on 7.12.2006 .
Adv.Khan: When did you submit it?
Wit: On 8.12.2006,I submitted such statements to Shri. N.K.Sharma.
Adv.Khan: When did you leave Bhandara camp ?
Wit: On 22.12.2006.
(Adv.Khan finishes his examination.Now,  Sudip Jaiswal Adv. fo accused nos.1,2,8 and 9 rises to cross-examine the witness.)
Adv.Jaiswal:You have recorded statements of Bhaiyalal Bhotmange as per his say.Right?
Wit; Yes.
Adv.Jaiswal:Did Bhaiyalal Bhotmange tell  you that on next day after the incident at morning hours he was frightened while writing complaint and at that time I told 12 names, but could not know why same was not written?
Wit:Yes
Adv.Jaiswal:When you recorded statement you were  having original complaint of Bhaiyalal Bhotmange lodged on that day.Right?
Wit:Yes.
Adv.Jaiswal:Were you aware that complaint of Bhaiyalal Bhotmange was registered at 8:40 hours of 30.9.2006?
Wit:Yes.
Adv.Jaiswal:Did Bhaiyalal Bhotmange  tell you that abuses ‘Mahar Dhede’ were uttered by accused?
Wit: No, he did not.But Bhaiyalal told me that accused gave abuses on castes.
(At this  Jaiswal Advocate objects thst such voluteered remarks cannot be recorded as this question pertains to omission. But Objection is over ruled as answer is incomplete without volunteering it.)
Adv.Jaiswal:Did Bhaiyalal Bhotmange on 7/12/06  tell you the names  attackers ?
Wit: No, he didn’t.
Adv.Jaiswal: Did Bhaiyalal  tell you on  7.12.2006  that time of his reaching to police station of Andhalgaon was between 9:00 to 10:00 p.m.?
Wit:No, he didn’t.
Adv.Jaiswal:The fact mentioned in portion marked ‘A’ of statement of Bhaiyalal Bhotmange recorded on 8.12.2006, was not so stated by Bhaiyalal.Right?
Wit:No, it is not right.
Adv.Jaiswal: Is it true to say that on 7.12.2006 Bhaiyalal did not tell you the names of all the present accused?
Wit:Yes.
Adv.Jaiswal: Is it true that Bhaiyalal did not tell you names of the present accused to be the members of assembly who attacked his house, during his statement dated 8.12.2006?
Ans. :Bhaiyalal told me that on 30.9.2006 he made a statement to police in which he stated names of present accused Gopal,Sakru,Shatrughana,Mahipal,Dharampal,Jagdish and Prabhakar and some other persons, total 12, to be members of unlawful assembly who attacked his house.
Adv.Jaiswal:Is it true to say that portion marked ‘B’ of statement of Bhaiyalal dated 8.12.2006 which shows the fact about 12 persons including some accused, was regarding statement of Bhaiyalal given to police on 30.9.2006?
Wit: Yes.
Adv.Jaiswal: : Is it true that you have recorded portion marked ‘C’ of statement of Bhaiyalal Bhotmange on 8.12.2006, which states names of the  accused and other persons, whose names he referred during his statement before police?
Ans. : It is not true.I have recorded such names in portion marked ‘C’ as per say of Bhaiyalal.
Adv.Jaiswal:You have not recorded the statement of Bhaiyalal as per his say, but recorded as per your wish.Right?
Wit: No, it is false.
Adv.Jaiswal:The statements of Bhaiyyalal are merely the  reproduction of statements of Bhaiyalal made to police and CID. Right?
Wit: No, it is false.
Adv.Jaiswal:Bhaiyyalal did not make statement to you .Right?
Wit: It is false.
Adv.Jaiswal: : Is it true that you have not recorded portion marked ‘A’ of statement of Bhaiyalal dated 7.12.2006,as per his say?
Wit : No.I have recorded that statement portion marked ‘A’ as per his say.
Adv.Jaiswal:Did you see the house of Bhaiyyalal Bhotmange with him?
Wit:I saw the house of Bhaiyalal Bhotmange,but I did not see alongwith Bhaiyalal.
Adv.Jaiswal: Bhaiyalal did not state against present accused,but you recorded statement as per your wishes and falsely implicated the accused.Right?
(Now, another defence lawyer Adv. M.T.Bedarkar,rises to cross-examine the witness.)
Adv.Bedarkar:When you recorded statement of Bhaiyyalal on 7.12.2006,were you possesing all the investigating papers of CID and local police.?
Wit:No.
Adv.Bedarkar:When &  where  did you record the  statement of Bhaiyyalal Bhtmange?
Wit: I recorded statements of Bhaiyalal on 7.12.2006 and 8.12.2006 at Bhandara camp.
Adv.Bedarkar:You brought him to Bhandara camp .Right?
Wit: No, Bhaiyalal was called at Bhandara camp.
Adv.Bedarkar:Did you give notice to Bhaiyyalal to attend Bhandara camp?
Wit:No, I did not give any written notice to Bhaiyalal to attend Bhandara camp.
Adv.Bedarkar:Did Bhaiyalal tell you that he alongwith his brother-in-law went to Andhalgaon police station and lodged complaint?
Wit: Yes, he did .
Adv.Bedarkar:Is it  true to say that Bhaiyalal told you  that after lodging that complaint he went to Mohali Hospital alongwith police station incharge?
Wit: Yes , True.
Adv.Bedarkar:On 7.12.2007 the place you met with Bhaiyalal,was village Khairlanji. Right?
Wit; Yes.Right.
Adv.Bedarkar: Thereafter you took him to Mohadi Rest House.Right?
Wit: No.
Adv.Bedarkar:Did Bhaiyalal  tell  you that he sat on hunger protest and that Govt. provided him money?
Wit: No, he didn’t.
Adv.Bedarkar:Did Bhaiyalal  tell  you that he met Superitendent of Police Bhandara and then he was provided security?
Wit: No, he didn’t.
Adv.Bedarkar:Is it true to say that Bhaiyalal did not tell you the names of any present accused?
Wit:; No , not true.
Adv.Bedarkar:You have not recorded statement of Bhaiyalal at Bhandara camp on 7.12.2006.Right?
Wit:No, I have.
Adv.Bedarkar:Persons of Dalit Sanghatana met you at Mohadi on 7/12/06  and therefore you have recorded statement of Bhaiyalal on 8.12.2006 as per the say of those members of Dalit Sanghatana.Right?
Wit: No, not right.
(Adv.Bedarkar finishes his cross-examination .The court is adjourned till 13th March)



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